December 12, 2017
by Lauren Oda

Worker’s Compensation Division Addresses House Bill 2338 Regarding Benefits to Surviving Children

The Workers’ Compensation Division issued an Addendum to Bulletin No. 377 on December 8, 2017. The Division issued the addendum to address House Bill 2338, which changed the computation of fatal benefits to children of deceased workers or “surviving children.” The addendum does not change the monthly benefit amounts for:

  1. Surviving children receiving benefits at 25 percent of the base or average weekly wage (whichever applies) before January 1, 2018; or
  2. Surviving children or dependents with no surviving parents who are completing secondary education, a GED, or a program of higher education.

The addendum does change all monthly benefits being paid at the 10 percent level before January 1, 2018. Those benefits must be increased to 25 percent for benefits accrued on or after January 1, 2018. Please refer to the Bulletin Addendum to determine the exact amount of the increase in benefits based on the date of injury. Again, the change in the benefit amounts is only for benefits accrued on or after January 1, 2018.

If you have any questions about Bulletin No. 377 or the Addendum, please feel free to give me a call at (503) 595-2139.